Decision No. 110 – Case C 199-10 – Lawsuit by Sociedad Will S.A. against Claro Chile S.A.
The Competition Tribunal dismissed a lawsuit by Will S.A. against Claro S.A., for alleged conducts of predation, disloyal competition and abuse of a dominant position. The Tribunal considered that (i) the necessary elements to configure either the figure of illicit arbitrary price discrimination, or the figure of predatory pricing, were credited; (ii) although Claro has […]
Decision No. 109 – Case C 193-09 – Lawsuit by Conservación Patagónica Chile S.A. and others against Endesa S.A. and others
The Competition Tribunal declared that this lawsuit exceeded the statute of limitations, as stated by Centrales Hidroeléctricas de Aysén S.A. and Endesa S.A. in their defenses, given that more than two years had passed between the time of the allegedly anticompetitive conduct and notification of the lawsuit by Conservación Patagónica Chile S.A., Corporación de Desarrollo […]
Decision No. 108 – Case C 158-08 – Lawsuit by Jaime Spencer e Hijos Ltda. against Copec
The Competition Tribunal dismissed a lawsuit by Jaime Spencer e Hijo Ltda. against Compañía de Petróleos de Chile COPEC S.A. and its executive, Mr. Eduardo Bottinelli M., regarding alleged abuses of a dominant position, contained in certain clauses of several contracts signed by the parties. These contracts allegedly imposed abusive obligations to the plaintiff, who […]
Decision No. 107 – Case C 185-09 – Lawsuit by Comercial y Agrícola Verde Sur Ltda. against Petróleos Transandinos S.A.
The Competition Tribunal dismissed a lawsuit by Comercial y Agrícola Verde Sur against Petróleos Transandinos S.A. (now Terpel), stating that: (i) the differences between the price at which the defendant sold fuel to the plaintiff, compared to the price for other diesel distributors, is reasonably explained by cost and risk differences that the different types […]
Decision No. 106 – Case C 163-08 – Lawsuit by the National Economic Prosecutor’s Office against Bertonati Vehículos Especiales Ltda. and others
In its ruling, the Competition Tribunal declared that the lawsuit exceeded the statute of limitations, as stated by Conversiones San José Ltda., Bertonati Vehículos Especiales Ltda., Kaufmann S.A. Vehículos Motorizados and Comercial Kaufmann S.A. in their defenses. Therefore, the lawsuit was dismissed. Given this, and applying the dispositions contained in Article 170 N° 6 of […]
Decision No. 105 – Case C 179-08 – Lawsuit by NETLANDCHILE S.A. against Ministerio de Transportes y Telecomunicaciones
The Competition Tribunal dismissed the lawsuits by Netland Chile S.A. and Marcom Ltda. against Ministerio de Transportes y Telecomunicaciones, regarding the contest “Digital Infrastructure For Competitiveness and Innovation”, that assigned a subsidy for the development of internet access services in rural areas, financed by de Telacommunications Development Fund. The decision analyzes the competitive conditions of […]
Decision No. 104 – Case C 139-07 – Lawsuit by the National Economic Prosecutor’s Office against Telefónica Móviles de Chile S.A. and others
The Competition Tribunal dismissed a lawsuit by the National Economic Prosecutor’s office against the three mobile telephone companies of the country (Movistar, Entel and Claro). The Tribunal considered that, even though these companies have joint market power regarding access to the necessary services and infrastructure for the operation of Mobile Virtual Operators (MVO), (i) it […]
Decision No. 103 – Case C 151-08 – Lawsuit by Comercial Arauco Ltda. against D&S and other
The Competition Tribunal ruled in favor of Comercial Arauco S.A., in a lawsuit against Distribución y Servicio D&S S.A., sentencing the latter to pay a fine of 100 Annual Tributary Units (around US$ 90,000). This, because the defendant incurred in disloyal competition acts, consisting in deceptive comparative publicity that could help achieve, maintain or augment […]
Decision No. 102 – Case C 191-09 – Lawsuit by National Economic Prosecutor’s Office against Asociación Gremial de Dueños de Mini Buses Agmital
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office, in a lawsuit against Asociación Gremial de Dueños de Mini Buses Agmital, sentencing the latter to pay a fine of 50 Annual Tributary Units (around US$ 45,000). This, because the defendant incurred in actions that are contrary to article 3 of Decree Law […]
Decision No. 101 – Case C 161-08 – Lawsuit by Andersen against Emaresa
The Competition Tribunal dismissed a lawsuit by Andersen S.A. against Emaresa S.A., exclusive representative of the brand Stihl in Chile. The lawsuit was dismissed because a dominant position of the latter in the market of distribution and sales of agricultural, forest and gardening products, equipment and machinery in Chile was not proved. The accusation that […]